It’s a terrible shame that most Americans don’t know how our constitutional system works, but the Framers knew and designed our system as a direct rejection of the Crown and the British parliament.
Every branch of our system makes law: The legislative makes statute law. The executive makes regulatory law. The judiciary makes case law. Checks and balances are the very essence of our Constitution. It was and is meant to live among us, to thrive with our nation. A matrix to free us to govern ourselves, not a document to chain us to 1789.
The true “original intent” is enunciated perfectly in the Preamble:
“We the People of the United States, in Order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defence, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity, do ordain and establish this Constitution for the United States of America.”